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Criminal Miscellaneous No.450/H of 1986 BWP, decided on 8th April, 1986.
---S. 491--Habeas corpus--Mother of female child away temporarily and maternal grandfather having custody of child constructively on behalf of his daughter--Custody of child with maternal grandfather allowed till return of mother and case was adjourned for one month for the purpose.
Shamshir Iqbal Chughtai for Petitioner.
Through this petition the custody of minor female child is sought by the petitioner, who is father of the minor female child. The spouses fell apart from each other and the mother, the wife of the petitioner left the house of her husband. It is alleged, that the' mother had disappeared leaving the minor child with the maternal grandfather.
2. The petitioner as well as the maternal-grandfather of the minor child are present in Court. The maternal grandfather, Muhammad Bakhsh submits, that the minor child is being looked after properly, because the other two daughters are in the house and the real mother of the minor child had gone to some other town to meet her paternal-aunt.
3. On the other hand, it is contended by Mr. Shamshir Iqbal Chughtai, Advocate, that the real mother of the minor child had eloped with some one and had gone to Karachi abandoning minor child with her father and, therefore, the petitioner being the father of the female child is entitled to have the custody. The petitioner is an old person and states, that his other daughters and daughters-in-law can look after the minor child in a befitting manner.
4. The crucial question is, whether the mother stands disqualified to look after the minor child and particularly when she is away temporarily and is likely to return to the house of her father. At present Muhammad Bakhsh is having the custody constructively on behalf of his daughter. In these circumstances, it would be appropriate to wait for the real mother to return. Accordingly this case is adjourned for a period of one month.
S . G . D . Order accordingly.
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